공무집행방해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (3 million won in penalty) imposed by the court below is too unfased.
2. Since the crime of obstructing the performance of official duties is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, it is necessary to impose severe punishment for establishing national legal order and eradicating the light of public authority.
However, in full view of the favorable circumstances, such as the fact that the Defendant recognized the instant crime and commits the mistake, that the Defendant agreed with the victim of the crime of refusing to leave, that there was no criminal history against the Defendant, that the instant crime was committed by contingency, and that there was no serious damage therefrom, and that other factors of sentencing as indicated in the records and theories of the instant case, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence of the instant crime, etc., the lower court’s punishment is too unjustifiable and unreasonable.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.